BERGER v. TOWN OF NEW DENMARK

No. 2011AP1807-FT.

810 N.W.2d 833 (2012)

2012 WI App 26

Wade BERGER and Ilona Berger, Plaintiffs-Appellants, v. TOWN OF NEW DENMARK, Defendant-Respondent, William Kreuger and Norbert Buresh, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed January 10, 2012.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Kurt A. Goehre , of Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay.

On behalf of the defendant-respondent, the cause was submitted on the brief of James R. Sickel and Alexander J. Sickel of Hinkfuss, Sickel, Petitjean & Wieting, Green Bay.

Before HOOVER, P.J., PETERSON, J., and THOMAS CANE, Reserve Judge.


CANE, J.

¶ 1 Wade and Ilona Berger appeal an order dismissing their action challenging the Town of New Denmark's determination that their two parcels are of insufficient acreage for development. They assert that the parcels are of sufficient size when property underlying a county highway abutting their land is included in the acreage calculation. Further, they argue that the circuit court erroneously determined that fee title to the underlying highway property...

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